Borrower Acquisition definition
Borrower Acquisition has the meaning set forth in Section 10.30(a).
Borrower Acquisition as defined in paragraph 4 of Recital G.
Borrower Acquisition means the purchase by a Borrower of (x) assets of any Person which constitute an operating unit or business of such Person or (y) the capital stock or other beneficial ownership interests in another Person; provided that (i) no Default or Event of Default shall have occurred and be continuing on the date of any such acquisition or would occur after giving effect thereto, (ii) at all times during the twelve month period immediately preceding any such acquisition, and after giving effect thereto, Availability shall be equal to or greater than $25,000,000, (iii) the Borrower shall have notified the Agent not less than 10 days prior to the proposed closing date for any such acquisition, and the Agent shall have confirmed within 5 days after Agent's receipt of such notice that the proposed acquisition complies with the Acquisition Standards, and the Agent's decision thereon shall be final and binding, (iv) the Borrowers shall take or cause to be taken such actions as the Agent shall reasonably request in order that the Agent be granted a first priority security interest in all assets acquired, including, without limitation, all assets of any target company and the pledge of any stock purchased or of any Subsidiary formed and (v) any new Subsidiary shall issue a Guaranty of the Obligations; provided further that the Borrowers and the Parent may assume, for all Borrower Acquisitions and Permitted Acquisitions in the aggregate, not more than $10,000,000 in liabilities, contingent and actual and, in any event, including, without limitation, lease obligations with respect to real property."
Examples of Borrower Acquisition in a sentence
Each of the sales and purchases under the Borrower Acquisition Documents and the purchase of the Equity Interests under AerCap-Borrower Purchase Agreement is exempt from the registration requirements of the Securities Act of 1933, as amended.
More Definitions of Borrower Acquisition
Borrower Acquisition means the Guarantor’s indirect or direct acquisition of all of the shares in the Borrower. Beneficiaries: the Lender and/or any subsequent legal owner of the claims (by way of assignment, succession or transfer of title through Security enforcement or otherwise) which constitute the Guaranteed Obligations.
Borrower Acquisition means any transaction or series of related transactions for the purpose of, or resulting in, directly or indirectly: (a) the acquisition by the Borrower or any Subsidiary of the Borrower of all or substantially all of the assets located in the United States of a Person or of any business or division of a Person; (b) the acquisition by the Borrower or any Subsidiary of the Borrower of more than fifty percent (50%) of any class of Voting Stock (or similar Capital Stock) of any Domestic Person; or (c) a merger, consolidation or other combination by the Borrower or any Subsidiary of the Borrower with another Person if the Borrower or any Subsidiary of the Borrower is the surviving entity; provided that (i) in any merger involving the Borrower, the Borrower must be the surviving entity; and